Counterpetition vs Motion?

[harley1102]

What is the name of your state (only U.S. law)? Florida
A hearing has been set and will be heard in six days. My ex-wife filed a motion for contempt asking for enforcement and an award for attorney's fees. If I file a counterpetition can I be heard for a modification at the hearing or should I file a motion to be heard at the hearing? How can I be heard at the hearing? All arrears have been paid in full.

 

[Ronin]

You can file a properly supported motion for modification prior to the hearing.

But given the timing of your motion for modification, my guess is the response would be a motion to dismiss your motion, or alternatively to be granted a continuance to hear your motion at a later date so they can prepare. It's a good bet one of these options would be granted.

Their original motion for contempt and enforcement would then likely still proceed on schedule.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Florida
A hearing has been set and will be heard in six days. My ex-wife filed a motion for contempt asking for enforcement and an award for attorney's fees. If I file a counterpetition can I be heard for a modification at the hearing or should I file a motion to be heard at the hearing? How can I be heard at the hearing? All arrears have been paid in full.

This was basically answered in your other thread. https://forum.freeadvice.com/child-support-98/hearing-before-general-magistrate-457659.html

 

[Gracie3787]

You can file a properly supported motion for modification prior to the hearing.

But given the timing of your motion for modification, my guess is the response would be a motion to dismiss your motion, or alternatively to be granted a continuance to hear your motion at a later date so they can prepare. It's a good bet one of these options would be granted.

Their original motion for contempt and enforcement would then likely still proceed on schedule.

In Florida a person must file a petition for a modification instead of a motion, as I advised the OP in the other thread.

The main difference between the 2 being that a petition must be served by process server, with 20 days for a response to be filed. A hearing cannot be set until the served party responds, or there is a default order issued.

A motion can be served by mail, there is no requirement for a response and a hearing date can be set the same day as the motion is filed.